Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-02-14
WHOLE NO. ll,l79.
THE LAWS DELAYS.
Remarkable Report of the San Francisco
Bar ciatinn-A CHM of fha Cnnrts

Bar rAssOciation-Ac ction of the Courts.
The Superior Judges OF San Francisco
asked the San Francisco Bar Association to
advise with them concerning the delays of
the laws, which so offend the people. The
Association appointed committee to re-
port to the Judges its opinion, and the COM
mittee on Saturday made the report we
give below. II should be prefaced by the
statement that the Judges adopted it in fact
by concurring in the suggestions and ap-
pointing three departments to try the GRIM
inal cases, and with hopes in the presiding
Judge TO add fourth department, if neces-
sary, to aid in clearing off the criminal cal
endars. They also agreed to draw the line
on continuances, to cut short, SO far as the
law permits, the license under which trials
have been spun out" and to hasten Grim
inal cases to trial by all legitimate pro-
cesses. The report referred TO is highly
important, and is as follows, only a few ar
gulnentative passages having been omitted:
The influence of criminal Courts in the
repression of offenses depends entirely
upon two things-the speed with which
criminals are brought to trial and the GER
tainty of their punishment.
Responsibility for the delays in the trial
Vi uDtS LOi rest NHOIlN WIN lUe
Courts. The responsibility is divided be-
tween the law, the Court and the bar
Customs which have attained great force
lead us, through mercy to the accused, not
TO call him 10 an immediate account. This
is very prevalent. and finds expression in
sayings continually heard in criminal
Courts, such as, This is the first time de-
fendant's case has been called" followed
by continuance without any showing.
But one, if not the chief cause for de-
lays, considered in their wiser sense and
of the obstruction of our criminal Courts,
lies in the elaborate criminal procedure
which our statutes provide, beginning with
the Grand Jury system and challenges to
the Grand Jury as panel, and iunumer-
able challenges 10 each grand juror, which
proceedings not unfrequently block the
Courts for days and render long continu-
ances possible; and coming next to the sys-
TEN of trial by jury, with days and even
weeks consumed in the examination of
Jurors, questioning them on every incident
of their lives and every opinion they en-
tertain, with challenges without number,
until jury is obtained composed of men
who neither have nor are capable of having
opinions. But the real delays have just
begun. Motions for new trials, which
should be made and decided imm ediately
upon the rendition of the verdict consume
months and in the end if the criminal re-
ceives his punishment within year after
he commits his offense the administrator
of justice has been speedy.
But these delays are the faults of a vicious
criminal procedure, and not the faults of
the Judges, ard we would not feel called
upon to refer 10 them were it not preva-
lent custom to attribute all The delays TO
the Court instead of to the law which per-
mits the delays. The remedies for these
evils rest with the lawmakers, and not with
these who are sworn to administer the laws
as they find them.
The criminal lawyer knows no law and
has consideration for no public require
ments which stands in the way of the ac-
quittal of his client. One Of the natural
| defenses is delay, whereby the public is
ulled into forgetfulness of his clients Of
fense.
And now, with the law favoripg delays
on one side and the lawyer demanding
| them on the other, and throwing every
| possible obstruction in the way of trial or
| conviction of the accused, between two
such fires what can the Court DO, and what
| measure of responsibility rests upon the
| Judge?
| There are two hundred persons accused
of crime and to-day untried in San Fran
cisco. Such a record as this suggests to Us
.aI ei yoG 1 al a. i,
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nan sr tpu t; oii' PEI 4oi H. ia1 ioiA0"
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nue. 10 ~ ,.so !ne
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as eilus anu iiot 1neans, accGS yoIi iioiio,s
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tainiy % h"ve ehousu 1u''seS ltlieu 70
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ulately asS1enen & ~ , .e ,aini oi % o'o,list t
oa'ises uii'ii a' 1e'''' 'iie "e
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sehce Oh withessts ana she othel elsaEe
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snort oeiays ny reason ol the oe- enuunt ,ne not
Delne [eaayLwe Woulu say oecuoh loo-
OF the renal Cooe seems 10 piace the grant
ing OF sueh cohuluahces IErgeiy III tne us us
cre'loh ol the iriai Juuse, VINO, upon SUM-
clent cause may ulrect the poslPoneilent s
oil 'he tilal. mere thel; feSpoiisIoIiIly lol
cohtlnuahce rests upon the Court anu we
Woulu earnestly IeCoiil.henu 10 your